Bailiffs coming for Brothers debt

MrGnerd

Hi everyone.

If someone could give me advice on this it would be greatly appreciated.

A little bit of background info. I used to share my current house with my brother. He moved out 1 year ago approx. I now share it with my elderly mother.

Today we received a letter addressed to my brother. I facebooked him and asked him if I should open it for him, he said yes.

The letter is from Marstons High Court Enforcement and Certified Bailiffs regarding a court fine that my brother has not paid. The letter states that they have confirmed that he lives here (strange because he lives 200 miles away) and that they have a magistrates court order regarding the debt. If the debt is not paid in full within 7 days then bailiffs will be coming to levy.

Obviously I can just leave it until they come and then tell them he does not live here but how do I prove that he doesn't live here? I would really rather they didn't come at all. I am happy to politely tell them to go away when they come but my mother is very nervous about things like this, and living in a small estate in a small village she is also concerned about having bailiffs on our doorstep with all the neighbours being able to see.

Any advice would be a great help

Thanks

FireWyrm

He doesnt live there. You can tell them so. The debt is not yours and it is not your job to tell them where he does live (unless you want to). Tell the bailiff this and dont let them in. I would write to Marstons and tell them that they are barking up the wrong tree and that it is nothing to do with you.

McKneff

Exactly what has been said above.

MrGnerd

Thank you very much for your quick replies

So just to confirm if I phone them and tell them he doesn't live here anymore, I am under no obligation to tell them my brothers forwarding address?

Tixy

No you are under no obligation to provide a forwarding address. You may wish to say you don't know where he lives now.

If they still turn up then it is still best not to answer the door to them. Is the house rented? in whose names in the tenancy? It may be useful to have a copy of the tenancy agreement in your name to show them (through a window).

But i'd recommend you suggest to brother that he does deal with this himself and arrange to pay the court fine. It won't go away.

MrGnerd

The house is rented in my name and my mothers name. I'll get the tenancy agreement ready just in case.

Thanks alot for the info

marleyboy

MrGnerd wrote: »

Obviously I can just leave it until they come and then tell them he does not live here but how do I prove that he doesn't live here?

You don't. It is not your job to PROVE he does not live there, it is for them to PROVE he does. Even that is before they go about trying to PROVE which goods are his and which are not.

hallowitch

as said you don't have to tell them your brothers address (I wouldn't)


does the letter have the name of the court that issued the warrant ?
did he know about the fine ?
did you ever receive a letter from the court for him because he should have received a further steps notice from the court before it was sent to Marston's


if you don't want them coming to your house send a copy of your tenancy agreement to Marston's (by recorded delivery ) with a cover letter informing them he doesn't live there is not on the tenancy and has no goods at your property to levy distress against

gemnomnom

hallowitch wrote: »

as said you don't have to tell them your brothers address (I wouldn't)


does the letter have the name of the court that issued the warrant ?
did he know about the fine ?
did you ever receive a letter from the court for him because he should have received a further steps notice from the court before it was sent to Marston's


if you don't want them coming to your house send a copy of your tenancy agreement to Marston's (by recorded delivery ) with a cover letter informing them he doesn't live there is not on the tenancy and has no goods at your property to levy distress against

Hi there. I'm actually a relation of the OP.

- The letter doesn't have the name of the council but we have guessed which one it's from.
- He does know about the fine. He's suffered from depression and been on anti-depressants for 22 years. He wasn't able to 'deal with' this until now
- He has received the further steps notice.

I've been on the phone to StepChange and was wondering if anyone could help me out on these points:

- How do baillifs find out where you live? Is it possible they trace direct debits (he doesn't have any credits and bills aren't in his name)
- Are the debts automatically taken back to the court at one point when the bailiffs can't find him?
- He's interested in paying the debt but the fine alone, not the £300 bailiff fees. Do we just ring the court and they tell us over the phone yes/no they'll take it back, or do we have to arrange a hearing so we can argue why they should be taken back?

I love this forum. Many thanks in advance.

Shellypow

I'm in a similar situation. My son is in and out of staying here but bailiff attending wanting money for his parking ticket......could anyone tell me how to post a question in a new thread?

sourcrates

Shellypow wrote: »

I'm in a similar situation. My son is in and out of staying here but bailiff attending wanting money for his parking ticket......could anyone tell me how to post a question in a new thread?

Big blue button that says "new thread" just to the left, at the top of the forum.